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CARRIAGE OF GOODS BY SEA ACT, 1924      33

Such notice as mentioned need not be given when goods
have been jointly surveyed at the time of deliver}7".

The carrier and ship, however, are discharged from all
liability for loss or damage unless suit is brought within one
year from date of delivery, or time when goods should have
been delivered. This does not mean that the claim must be
settled; so long as a claim has been made or action started
within the year, settlement may be any time afterwards.

The term " suit" includes the matter of arbitration, which
again must be commenced within the period stated.

When there has been any known loss both parties must
give each other full facilities for inspection and tallying the
goods. This latter provision may be compared with the
"sue and labour" clause of marine insurance.

Para. ? of Article 3 provides that after the goods.are
loaded the bill of lading, if the snipper demands, shall be a
"shipped" bill of lading, provided any document of title
previously taken up shall be surrendered.

From this section it will be seen that a shipped bill need
only be given on demand, after goods have been loaded,
whilst in para. 3 of Article 3, a bill of lading (other than
a shipped bill of lading) must be given when the goods are
in the carrier's charge, but not necessarily on board.

The latter part of this section states that the receipt
previously taken up, with the addition of the steamer's
name and date of shipment noted thereon, may constitute a
sliipped bill. This of course refers to the coastal trade where
it is often customary to issue receipts in lieu of bills of lading.

In para. 8 of Article 3 there is the provision that any
clause relieving the carrier from his responsibilities pro-
vided in the Act shall be null and void, thus excluding
the possible addition of many clauses which would defeat
the purpose of the Act.

A benefit of insurance is deemed a clause relieving the
carrier from liability.

Article 4. Here are the rights and immunities of the
carrier—

Para, i.   The carrier shall not be responsible for loss